Solicitor slow over probate

ukmaggie45

sloughflint wrote: »

I'm not entirely surprised.

Your husband will probably need to force the issue since time is of the essence.

Can't remember if I mentioned this or not... (and too lazy to go back and check ) S2 wants to get the DoV done before the budget if possible. Just in case there's a change in the law. Doesn't think there necessarily will be, but better safe than sorry.

We're still waiting for the schedule of accounts (not sure if got the right words there) that S1 said he'd send in about 2 weeks - it'll be 3 weeks on Thursday.

ukmaggie45

sloughflint wrote: »

Is S1 still insisting his firm does the conveyancing?

He said it was all a "misunderstanding". Like, how green do we look? :mad: Husband always makes detailed notes of conversations with him. So I don't understand how such a "misunderstanding" came about.

But by then we'd got a possible buyer, so we didn't know what else to do. Partner does the conveyancing, and according to our estate agents he is OK. So we're still going with him.

We finally managed to get copies of the grant of probate and shares and bonds valuations printed off and posted to S2, hopefully they will arrive tomorrow.

We finally found out that husband will go onto a 3 day week, starting in November. :j It will make life so much easier when it comes to finishing clearing the flat etc. It's been very difficult to do as I'm not driving at present so we have to do it all in evenings and weekends (plus it's a 40 minute trip each way). Will make it much easier to see all the professionals we need to as well.

sloughflint

ukmaggie45 wrote: »

But by then we'd got a possible buyer, so we didn't know what else to do. Partner does the conveyancing, and according to our estate agents he is OK. So we're still going with him.

It might have been easier to keep things separate for when the time comes to 'negotiate' the bill;). Maybe not. Let's hope conveyancing is simpler than probate!

ukmaggie45

Husband made some progress yesterday (Tuesday). Here are his notes (anonymised as best I can):

Phoned S2 this morning to check had received the copies (wills, probates etc) we mailed to them.

Had been in a course am but phoned when got back. Documents arrived OK.

Since S1 had not replied to them, despite phoning me last Monday to say he would, we decided it best S2 phoned S1.

(took notes from my conversation with S2 at work)

S2: Can I speak to S1?

- He's away on a course. He won't be back in until Friday. Can I help?

S2: Who are you? I need to speak to a partner or a solicitor?

- I'm Mrs S1. I used to be a clerk here.

S2: We need to know whether S1 knows any reason he had not disclosed to (husband) why the Deed of Variation cannot be done?

- S1 has already spoken to (husband).

S2: All he said was that he was going to reply to me, and he hasn't done so.

===========

S2 has a clear plan of how to proceed with the DoV, but doesn't want to do it, thus involving us in cost, if S1 does know something we don't.

So S2 will try again on Friday.

I told S2 I would phone them agAin and ask when I can see the accounts (NB - check notes: When did I see S1, when he said the accounts would be done "in a few weeks"? Wed 3rd September

(end of husband's notes)

Today husband called to say he'd spoken to someone at S1's office. Our accountant was there and looking at the papers. Estate accounts are nearly ready to go to accountants to be checked. Husband feels this is good news, I am not quite so sure, but then I've become very suspicious now! ;-)

ukmaggie45

Sorry I haven't updated this thread for so long - we've got a problem with damp in parental flat, so we've been trying to sort out what to do about it. Last week had a storm on Thursday, prospective buyer went round to measure up, and he and agent found large amount of damp coming into bedroom around newly installed sliding door onto balcony. :eek: We went over on Saturday, spoke to the chap upstairs, who had already had somebody round to take out his window, and found broken lead flashing and bitumen that had weathered down so the bottom row of bricks (just below his window) were very wet. We are hoping that will sort out the problem, but it looks as if the window installation in the flat has been done very poorly and will have to be re-done (more damp round edges of window separate to the damp on ceiling). Trouble is the firm that did the work have gone bankrupt, so not sure if their sub-contractors for the window will be findable. Grrarrrk, life keeps getting more complicated! :eek:

Anyway, to return to solicitor news. Husband called accountant last Thursday seeing as he had been at S1's office on Wed. He spent 2 hours sifting through papers to see if any tax could be reclaimed from Mum's estate for last tax year. Told him we have engaged S2 to do the DoV, and he was pleased as he has heard good things of S2.

He then called S2 to fill them in on some of what accountant told him (cheques uncashed). S2 comment: According to solicitors rules all cheques must be paid in on the day received or the day after. "It's a nuisance, but we are required to do it".

S2 also queried whether sending the papers out to accountants to do work which S1 said he would do would incur extra expense - paid by whom?

Also suggested husband might ask to see the papers and compare them with a ledger printout from S1's client account.

Saturday we received a copy of the letter S1 sent to S2. Will paraphrase briefly.

At time of father's death mother had dementia so not possible to vary terms of father's will as mother lacked capacity. Then goes on to say that the executors of the estates can vary the terms of father's will to benefit mother's estate for the purpose of IHT. (this is a complete turnaround, as when husband first mentioned DoV he said it wouldn't make any difference)

He will arrange to obtain instructions from us to prepare the DoV as soon as possible.

Husband is amazed and appalled that we have been sent this copy with no hint of an explanation or apology for the fact that something which we enquired about a year ago and which should have been done a year ago is only acknowledged as possible after we found a different lawyer to support our "case". Husband has no confidence in professionalism and customer care of S1 any more, and he certainly doesn't want to entrust the Deed to them.

He just phoned me to let me know he has spoken to S2 this morning, and they are considering their reply to the letter. He then phoned S1's office, but he won't be in till this afternoon. He then asked to speak to Mrs S1, and told her that we want S2 to write the Deed. She asked him to call back after 3pm and speak to S1. He will do that, but also follow up with a letter.

Will update again when there's any more news to report.

Meanwhile, it's nice to see the sun shining today! :j

sloughflint

ukmaggie45 wrote: »

Husband is amazed and appalled that we have been sent this copy with no hint of an explanation or apology for the fact that something which we enquired about a year ago and which should have been done a year ago is only acknowledged as possible after we found a different lawyer to support our "case". Husband has no confidence in professionalism and customer care of S1 any more, and he certainly doesn't want to entrust the Deed to them.

I totally agree with your husband. Why should S1 be paid to do a DOV only to have it checked by S2 ( also for a charge).
S1 is not up to the job.

localhero

Totally agree.

Solicitor 1 is obviously trying to backtrack and worm his way out of a tricky situation. That's why it is so important to keep copies of all correspondence, including outgoing letters, emails, details of all phone conversations - date/time/who with etc - though sadly this shouldn't be necessary.

OP, you are making progress - I hope you don't let this individual off the hook here once your probate matter is finally resolved.

ukmaggie45

Husband rang S1 yesterday afternoon and managed to speak to him. Told him he wants S2 to prepare the DoV, he told husband he has no objection. He asked him to provide the information needed by S2, and he said he was about to write to S1.

Husband then reminded S1 about the Enduring Powers of Attorney which he drew up for us last year. We haven't received the copies or the bill. S1 remembers doing them but is surprised he never sent them out or billed us - he will look for them. We can expect to receive account of monies gathered in to estates later this week.

Phoned S2 again to tell them S1 has no objection to them doing the DoV. Not surprised, as could do it anyway under my instruction regardless of what either of the executors preferred (but will it be less messy if S1 cooperates with info?)

I had a (bereavement) counselling session in the evening, and ranted at my Counsellor about all this for most of my hour. I have to say that it really helps to be able to rant to someone outside the situation!

sloughflint

ukmaggie45 wrote: »

Husband rang S1 yesterday afternoon and managed to speak to him. Told him he wants S2 to prepare the DoV, he told husband he has no objection.

I wonder if he charges by the hour or a percentage of the estate to be so accommodating? I take it still no news on charges? Either that or he's finally realised it's best to keep your husband sweet in view of the mess he's created.
At least progress is being made. These are minor details.

ukmaggie45 wrote: »

Husband then reminded S1 about the Enduring Powers of Attorney which he drew up for us last year. We haven't received the copies or the bill. S1 remembers doing them but is surprised he never sent them out or billed us - he will look for them.

:wall::mad:

localhero

Just thinking about the EPAs, if they weren't signed by all the parties including the attorneys - they won't be valid. As they are still in the solicitor's possession, I think it's safe to assume it's too late.

You will now need to arrange Lasting Powers of Attorney instead which will be more expensive. Perhaps S2 (or somebody capable other than S1) should draw them up with S1 reimbursing you the difference.

The guy is so unbelievably incompetent, I wouldn't be surprised if he told you it would be still ok to sign the EPAs!